Idaho Code
Idaho Code

Idaho Code § 5-230 (2026)

Persons under disabilities — Other than for real property. 

✓ current as of May 2026
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Persons under disabilities — Other than for real property. 

If a person entitled to bring an action, other than for the recovery of real property, be, at the time the cause of action accrued, either:

1.  Under the age of majority; or
2.  Insane.
The time of such disability is not a part of the time limited for the commencement of the action, provided however, that the time limited for the commencement of an action shall not be tolled for a period of more than six (6) years on account of minority, incompetency, a defendant’s absence from the jurisdiction, any legal disability or for other cause or reason except as specifically provided in section 5-213, Idaho Code.
Notes of Decisions
Cited in 74 cases (33 in the last 5 years), 1970–2026 · leading case: Doe v. Durtschi, 716 P.2d 1238 (Idaho 1986).
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Doe v. Durtschi, 716 P.2d 1238 (Idaho 1986). · cites it 70× “Nor did we have the opportunity to thoroughly consider the implications of Idaho's general tolling statute, I.C. § 5-230. As a result, the implications of a plaintiff's minority status for the notice requirement remained murky.”
Gailey v. Jerome Cnty., 745 P.2d 1051 (Idaho 1987). · cites it 39× “Idaho Code § 5-230 [1] is a general tolling *1053 statute which applies to minors.”
Indep. Sch. Dist. of Boise City v. Callister, 539 P.2d 987 (Idaho 1975). · cites it 24× “We reject that argument since the Tort Claims Act has an express statute of limitations which begins to run commencing with the filing of the notice of claim.”
State, Dep't of Health & Welfare Ex Rel. Gage v. Engelbert, 753 P.2d 825 (Idaho 1988). · cites it 12× “Idaho Code § 5-230 states: Persons under disabilities—Other than for real property.”
Henderson v. Smith, 915 P.2d 6 (Idaho 1996). · cites it 6× “When combined with the minority tolling provision of I.C. § 5-230, which tolled the limitations period for minors for up to six years, a paternity action could be brought under the 1969 Paternity Act within nine years of the child’s birth.”
McCoy v. Lyons, 820 P.2d 360 (Idaho 1991). · cites it 4× “The Plaintiffs did not submit affidavits, depositions or other evidence in opposition to the Motion for Summary Judgment which would establish an issue of fact regarding the Defendant's statute of limitations defense or whether any of the Plaintiffs were under any of the…”
Luck v. Rohel, 518 P.3d 350 (Idaho 2022). · cites it 6× “§ 5-306 and under I.C. § 5-230 . . . . falls on deaf ears as it is not this Court’s duty to thwart a legal presumption that Ms.”
Doe v. Boy Scouts of Am., 224 P.3d 494 (Idaho 2009). · cites it 2× “The BSA argues that because the alleged abuse in this case occurred before the provisions of chapter 17 of title 6 were enacted, the statute of limitations in Idaho Code section 5-219 and the statute of repose in section 5-230 apply, thus barring the Does’ claims.”
Hardin v. Straub, 490 U.S. 536 (1989). “§ 657-13 (1985) (does not apply to “actions against the sheriff, chief of police, or other officers”); Idaho Code §5-230 (Supp. 1988); Ill. Rev Stat.”
Mason v. Tucker & Assocs., 871 P.2d 846 (Idaho Ct. App. 1994). · cites it 4× “Mason does not maintain that the statutes of limitation on his claims were tolled by terms of I.C. § 5-230 which, prior to 1993 provided: If a person entitled to bring an action .”
Anthony Booth v. United States, 914 F.3d 1199 (9th Cir. 2019). “§ 657-13 ; Idaho Code § 5-230 ; Mont. Code Ann. § 27-2-401 (1); Nev.”
Chico-Rodriguez v. State, 114 P.3d 137 (Idaho Ct. App. 2005). · cites it 2× “Idaho Code § 5-230 provides that in actions other than actions for the recovery of property, the statute of limitation is tolled during periods when the plaintiff is “insane.”
Show all 74 citing cases →
— Idaho Code § 5-230(1) — 2 cases
Doe v. Durtschi, 716 P.2d 1238 (Idaho 1986). “Nor did we have the opportunity to thoroughly consider the implications of Idaho's general tolling statute, I.C. § 5-230. As a result, the implications of a plaintiff's minority status for the notice requirement remained murky.”
Gailey v. Jerome Cnty., 745 P.2d 1051 (Idaho 1987). “Idaho Code § 5-230 [1] is a general tolling *1053 statute which applies to minors.”
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